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					                                   South Carolina General Assembly
                                       115th Session, 2003-2004

R430, H4821

STATUS INFORMATION

General Bill
Sponsors: Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson
Document Path: l:\council\bills\nbd\12201ac04.doc
Companion/Similar bill(s): 1019

Introduced in the House on February 19, 2004
Introduced in the Senate on April 28, 2004
Last Amended on May 26, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: December 6, 2004, Vetoed
Legislative veto action(s): Veto sustained

Summary: Optometrists


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 2/19/2004   House    Introduced and read first time HJ-58
 2/19/2004   House    Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-59
 2/24/2004   House    Member(s) request name added as sponsor: Keegan
  3/2/2004   House    Member(s) request name added as sponsor: Richardson
 4/21/2004   House    Committee report: Favorable with amendment Medical, Military, Public and
                         Municipal Affairs HJ-6
 4/26/2004            Scrivener's error corrected
 4/27/2004   House    Amended HJ-30
 4/27/2004   House    Read second time HJ-32
 4/28/2004   House    Read third time and sent to Senate HJ-8
 4/28/2004   Senate   Introduced and read first time SJ-21
 4/28/2004   Senate   Referred to Committee on Medical Affairs SJ-21
 5/13/2004   Senate   Committee report: Favorable Medical Affairs SJ-7
 5/19/2004   Senate   Amended SJ-58
 5/19/2004   Senate   Read second time SJ-58
 5/19/2004   Senate   Ordered to third reading with notice of amendments SJ-58
 5/20/2004   Senate   Read third time and returned to House with amendments SJ-19
 5/20/2004            Scrivener's error corrected
 5/26/2004   House    Senate amendment amended HJ-55
 5/26/2004   House    Returned to Senate with amendments HJ-73
  6/2/2004   Senate   Concurred in House amendment and enrolled SJ-42
  6/3/2004            Ratified R 430
 12/6/2004            Vetoed by Governor
 1/12/2005   House    Veto sustained Yeas-0 Nays-106 HJ-42

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL
2/19/2004
4/21/2004
4/26/2004
4/27/2004
5/13/2004
5/19/2004
5/20/2004
5/26/2004
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS
DOCUMENT WILL REMAIN IN THIS VERSION UNTIL
PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND
JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS
PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL
BE REMOVED.

(R430, H4821)

AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS
TO CONFORM THIS CHAPTER TO THE STATUTORY AND
ADMINISTRATIVE       ORGANIZATIONAL    FRAMEWORK
ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL
BOARDS IN CHAPTER 1, TITLE 40, UNDER THE
ADMINISTRATION OF THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION; TO FURTHER PROVIDE
FOR     THE     LICENSURE   AND    REGULATION    OF
OPTOMETRISTS, BY, AMONG OTHER THINGS, PROVIDING
THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE
DEGREE IS REQUIRED FOR LICENSURE, ESTABLISHING
LICENSURE BY ENDORSEMENT, CLARIFYING THAT
THERAPEUTICALLY-CERTIFIED              OPTOMETRIC
EDUCATION COURSES MAY BE TAKEN WHILE
ATTENDING        SCHOOL    RATHER    THAN    AFTER
GRADUATION, PROVIDING THAT BY SEPTEMBER 30, 2007,
ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS
THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO
PROVIDE TRANSITION PROVISIONS; BY ADDING SECTION
40-13-255 SO AS TO PROVIDE FOR THE PRACTICE OF HAIR
BRAIDING AND PROVIDE THAT ONLY INDIVIDUALS WHO
ARE LICENSED TO PRACTICE COSMETOLOGY OR WHO
ARE REGISTERED TO PRACTICE HAIR BRAIDING MAY
ENGAGE IN THE PRACTICE OF OR PERFORM HAIR
BRAIDING SERVICES; TO AMEND SECTION 40-13-20, AS
AMENDED, RELATING TO DEFINITIONS RELATING TO
COSMETOLOGY, SO AS TO DEFINE “HAIR BRAIDING”;
AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS
TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR
INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN
TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST
FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR
INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A
CARDIOVASCULAR     INVASIVE   SPECIALIST  MAY
PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A
PERSON WHO HAS BECOME UNFIT TO PRACTICE OR
WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE
CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE
SPECIALIST MUST DO AND MAY NOT DO, AND TO
PROVIDE THAT THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION SHALL PROMULGATE
REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Licensure and regulation of optometrists

SECTION 1. Chapter 37, Title 40 of the 1976 Code is amended to
read:

                              “Chapter 37

                             Optometrists

   Section 40-37-5. Unless otherwise provided for in this chapter,
Chapter 1 of Title 40 applies to optometrists regulated by the
Department of Labor, Licensing and Regulation. If there is a conflict
between this chapter and Article 1, Chapter 1 of Title 40, the provisions
of this chapter control.

   Section 40-37-10. (A) There is created the South Carolina Board of
Examiners in Optometry, which consists of seven members. Five
members must be licensed optometrists appointed by the Governor
upon nomination by all licensed optometrists in this State through an
election conducted by the board. The Governor may reject any or all of
those nominated upon satisfactory showing of the unfitness of those
rejected. If the Governor declines to appoint any of the nominees
submitted, additional nominees must be submitted in the same manner
as the initial nominees. Vacancies must be filled in the manner of the
original appointment for the unexpired portion of the term. Two
members of the board must be members of the general public who do
not derive their income or support from any optical or optical-related
business and who are not related to an optometrist or a person engaged
in an optical-related business. The members from the general public


                                   2
may be nominated by any individual, group, or association and must be
appointed by the Governor in accordance with Title 40, Chapter 1.
  (B) The members of the board serve terms of four years and until
their successors are appointed and qualify. No person may serve more
than two consecutive four-year terms; however, if a person is appointed
to fill an unexpired term, the person may be reappointed for two
additional four-year terms. The Governor may remove a member of the
board in accordance with Section 1-3-240. No member may be
removed without first giving the member an opportunity to refute the
charges filed against the member, who must be given a copy of the
charges at the time they are filed.
  (C) Any business conducted by the board must be by a positive
majority vote. For purposes of this subsection, „positive majority vote‟
means a majority vote of the entire membership of the board reduced
by any vacancies existing at the time.

   Section 40-37-20. As used in this chapter:
   (1) „Board‟ means the South Carolina Board of Examiners in
Optometry;
   (2) „Contact lens‟ means any device placed in contact with the eye
for the purposes of correcting vision, therapy, or cosmetic alteration;
   (3) „Direct supervision‟ means supervision provided by a licensed
optometrist who must:
      (a) be present in the department or facility where the supervisee
is performing services;
      (b) be immediately available to assist the supervisee in the
services being performed; and
      (c) maintain continued involvement in appropriate aspects of
each treatment;
   (4) „Optical supplies‟ include, but are not limited to, contact lenses,
ophthalmic lenses, ophthalmic frames;
   (5) „Basic certified optometrist‟ means an optometrist without
education or training in the use of pharmaceutical agents and licensed
to practice optometry without the use of pharmaceutical agents;
   (6) „Diagnostic certified optometrist‟ means an optometrist
educated and trained in the use of pharmaceutical agents for diagnostic
purposes only and licensed to practice optometry in conjunction with
the use of pharmaceutical agents for diagnostic purposes only;
   (7) „Therapeutic certified optometrist‟ means an optometrist
educated and trained in the use of pharmacological agents for
diagnostic and therapeutic purposes and licensed to practice optometry
with the use of pharmacological agents for diagnostic and therapeutic
purposes.

                                    3
   Section 40-37-30. (A) It is unlawful for a person to engage in the
practice of optometry in this State without being licensed by the board,
except as otherwise authorized by this chapter.
   (B) A person is deemed to be practicing optometry within the
meaning of this chapter if the person:
      (1) displays a sign or in any way advertises as an optometrist;
      (2) employs any means for the measurement of the powers of
vision or the adaptation of lenses for the aid of vision;
      (3) uses lenses in the testing of the eye in the sale of spectacles,
eyeglasses, or lenses other than lenses actually sold;
      (4) examines the human eye by the employment of any
subjective or objective physical means, to ascertain the presence of
defects or abnormal conditions for the purpose of relieving them by the
use of lenses, prisms, or other physical or mechanical means;
      (5) practices orthoptics or prescribes contact lenses; or
      (6) utilizes pharmaceutical agents for diagnostic and or
therapeutic purposes in the practice of optometry in accordance with
this chapter.
   (C) The possession of appliances for the examination of the eye,
optical supplies, ophthalmic instruments, or optical equipment, is prima
facie evidence of practicing optometry and requires compliance with
this chapter.

   Section 40-37-40. (A) The board shall:
     (1) determine the eligibility of applicants for examination and
licensure as optometrists;
     (2) prescribe the subjects, character, and manner of licensing
examinations;
     (3) adopt a code of professional ethics appropriate to the
profession of optometry;
     (4) evaluate and set criteria for continuing education course
hours and programs;
     (5) conduct hearings on alleged violations by licensees of this
chapter or regulations promulgated under this chapter;
     (6) discipline persons licensed under this chapter; and
     (7) promulgate regulations in accordance with the South Carolina
Administrative Procedures Act.
   (B) The board may adopt an official seal and may adopt bylaws
governing its proceedings.

  Section 40-37-50. (A) The board must be administered by the
Department of Labor, Licensing and Regulation in accordance with

                                    4
Title 40, Chapter 1. The department shall provide all administrative,
fiscal, investigative, inspectional, clerical, secretarial, and license
renewal operations and activities.
   (B) Fees must be assessed, collected, and adjusted on behalf of the
board by the Department of Labor, Licensing and Regulation in
accordance with this chapter and Section 40-1-50(D).

  Section 40-37-80. For the purpose of conducting an investigation
under this chapter, the department shall subpoena witnesses, take
evidence, and require the production of any documents or records that
the board considers relevant to the inquiry. The department shall
administer oaths and issue subpoenas for the attendance and testimony
of witnesses and the production and examination of books, papers, and
records on behalf of the board or, upon request, on behalf of a party to a
proceeding. Upon failure to obey a subpoena or to answer questions
propounded by the board or its hearing officer or panel, the board may
apply to an administrative law judge for an order requiring the person
to comply. If a board member files a complaint, the board member
must not participate in the capacity as a board member at the hearing of
the complaint.

   Section 40-37-90. The results of all investigations must be
presented to the board. If from these results it appears that a violation
has occurred or that a licensee has become unfit to practice optometry,
the board, in accordance with the Administrative Procedures Act, may
take disciplinary action. No disciplinary action may be taken unless the
matter is presented to and voted upon by the board. The board may
designate a hearing officer or hearing panel to conduct hearings or take
other action as may be necessary under this section.

   Section 40-37-100. In addition to initiating a criminal proceeding for
a violation of this chapter, the board may seek civil penalties and
injunctive relief in accordance with Title 40, Chapter 1.

   Section 40-37-110. (A) In addition to the grounds for disciplinary
action provided in Title 40, Chapter 1, the board may revoke, suspend,
reprimand, or otherwise restrict or limit the license of an optometrist or
reprimand or otherwise discipline a licensee when it is established to
the satisfaction of the board that the licensee:
     (1) has been convicted of a felony or any crime involving moral
turpitude; forfeiture of a bond or a plea of nolo contendere is
considered a conviction;


                                    5
      (2) has knowingly performed an act that in any way assists a
person to practice optometry illegally;
      (3) has caused to be published or circulated, directly or
indirectly, fraudulent, false, or misleading statements as to the skill or
methods of practice of an optometrist;
      (4) has failed to provide and maintain reasonable sanitary
facilities;
      (5) is guilty of obtaining fees or assisting in obtaining fees under
deceptive, false, or fraudulent circumstances;
      (6) has violated a provision of this chapter or regulations
promulgated under this chapter;
      (7) has been guilty of using third-party solicitation that is
untruthful, deceptive, or coercive to obtain patronage.
   (B) In addition to all other remedies and actions provided for in this
chapter, the license of an optometrist adjudged mentally incompetent
by a court of competent jurisdiction automatically must be suspended
by the board until the optometrist is adjudged by a court of competent
jurisdiction or in any other manner provided by law as being restored to
mental competency.

   Section 40-37-115. The board has jurisdiction over the action of
licensees and former licensees as provided for in Title 40, Chapter 1.

  Section 40-37-120. The board may take disciplinary action against a
person as provided for in this chapter or Title 40, Chapter 1.

   Section 40-37-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Title 40, Chapter 1.

 Section 40-37-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Title 40, Chapter 1.

  Section 40-37-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Title 40, Chapter 1.

  Section 40-37-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Title 40, Chapter 1.



                                    6
  Section 40-37-190. Investigations and proceedings conducted under
the provisions of this chapter are confidential and all communications
are privileged as provided for in Title 40, Chapter 1.

  Section 40-37-200. (A) It is unlawful for a person to practice
optometry in violation of this chapter, and a person committing such a
violation, upon conviction, must be fined not more than one thousand
dollars or imprisoned not more than two years, or both. Each violation
constitutes a separate offense.
  (B) In addition to the penalty provided in this section, optical
supplies involved in the unlicensed practice of optometry in violation
of this chapter must be confiscated and delivered to the law
enforcement agency with jurisdiction where the violation occurred, and
these supplies are considered contraband material as provided for in
law.
  (C) Penalties provided for in this chapter or in Article 1, Chapter 1
of Title 40 apply to a corporation, association, or person aiding and
abetting in committing a violation.

  Section 40-37-230. As provided for in Title 40, Chapter 1, the board
may deny licensure to an applicant based on the same grounds for
which the board may take disciplinary action against a licensee.

   Section 40-37-235. A license for optometry may be denied based on
a person‟s prior criminal record as provided for in Title 40, Chapter 1.

   Section 40-37-240. (A) A person is qualified to receive
authorization to practice as an optometrist if the person demonstrates to
the satisfaction of the board that he or she:
     (1) has submitted a written application in the form prescribed by
the board;
     (2) has received a Bachelor of Arts or Bachelor of Science
degree from an accredited college or university;
     (3) was graduated from an accredited school or college of
optometry that required four years‟ attendance and that grants the
degree of doctor of optometry, if the schools and courses are approved
by the board;
     (4) has satisfactorily passed all required examinations recognized
or conducted by the board including, but not limited to, the examination
of the National Board of Examiners in Optometry;
     (5) demonstrates good moral character;
     (6) has paid all applicable fees specified by the board.


                                   7
   (B) If an applicant satisfies all licensure requirements provided in
this chapter, the board may issue an authorization to practice to the
applicant. An authorization to practice is a personal privilege and not
transferable, and the issuance of an authorization to practice is evidence
that the person is entitled to all rights and privileges of a licensed
optometrist while the authorization to practice remains current and
unrestricted. However, the license is the property of the State and upon
suspension or revocation immediately must be returned to the board.
   (C) A licensee must display his or her license in a prominent and
conspicuous place in the licensee‟s primary place of practice.
Duplicates certified by the board must be displayed in any secondary
places of practice.
   (D)(1) Licenses issued under this chapter must be renewed every
two years on or before a date approved by the board upon the payment
of a renewal fee and providing documentation of a minimum of forty
hours of continuing education courses or meetings.
     (2) Continuing education instruction must be on subjects relative
to optometry, exclusive of office management or administration, at
board-approved and recognized educational seminars and courses or
accredited institutions of learning. Four of the forty hours may be for
courses directly related to mandated health care programs including,
but not limited to, HIPAA, Medicare, and Medicaid, and Ethics or
Jurisprudence. Sixteen of the forty hours must be pharmacology or
pathology related. Satisfactory proof of compliance with this
requirement is a prerequisite for biennial license renewal.
   (E) Any licensee who allows his or her license to lapse by failing to
renew the license in accordance with this section may be reinstated by
the board upon satisfactory explanation by the licensee of failure to
renew the license and upon payment of a reinstatement fee and the
current renewal fee as established by the board. If a license has lapsed
for more than one year, the board may impose further educational
requirements for reinstatement. If a license has lapsed for more than
two years, the person must reapply for licensure. A person practicing as
an optometrist in this State during the time that his or her license has
lapsed, has engaged in unlicensed practice and is subject to penalties
provided for in this chapter.

   Section 40-37-245. An optometrist currently licensed and practicing
at the therapeutic level in another jurisdiction may obtain a license by
endorsement as an optometrist in this State. An applicant for licensure
by endorsement must have:
     (1) submitted a written application in the form prescribed by the
board;

                                    8
      (2) received a Bachelor of Arts or Bachelor of Science degree
from an accredited college or university;
      (3) graduated from an accredited school or college of optometry
that required four years‟ attendance and that grants the degree of doctor
of optometry, if the schools and courses are approved by the board;
      (4) satisfactorily passed all required examinations recognized or
conducted by the board including, but not limited to, the examination of
the National Board of Examiners in Optometry;
      (5) presented to the board evidence that all optometry licenses
possessed by the applicant are current and in good standing;
      (6) presented to the board proof that no professional licenses
granted to the applicant in any other state have been suspended,
revoked, or restricted for any reason except nonrenewal or for the
failure to obtain the required continuing education; and
      (7) paid all applicable fees specified by the board.

   Section 40-37-280. (A) It is unlawful for a licensee to permit his or
her license to be used by any unlicensed person, and it is unlawful for
an unlicensed person to practice or attempt to practice or conduct
business under the rights and privileges conferred upon another
licensed person.
   (B) Notwithstanding any other provision of law, an optometrist may
delegate tasks to assistants working under his or her direct supervision.
However, under no circumstances may an assistant be allowed to make
a refraction for eyeglasses or prescribe contact lenses. Nothing in this
section precludes an optometrist who is supervising an assistant from
being absent from the practice for reasonable periods during the
working day including, but not limited to, lunch or other customary,
practice-related absences. Nothing in this section may be construed to
interfere with the operation of offices in accordance with Section
40-37-325.

  Section 40-37-290. Notwithstanding any other provision of law, an
optometrist may purchase, possess, administer, supply, and prescribe
pharmaceutical agents, including oral and topically applied medications
other than Schedule I and II controlled substances as defined in Section
44-53-110, for diagnostic and therapeutic purposes in the practice of
optometry, except that:
  (1) when prescribing oral and topically applied medications, an
optometrist is limited to these oral pharmaceutical agents:
antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs,
and analgesics for the treatment of ocular and ocular adnexal eye


                                   9
disease. An optometrist may only prescribe these medications for the
treatment of ocular and ocular adnexal eye disease;
   (2) when prescribing medications for the treatment of ocular and
ocular adnexal disease, documentation in the patient‟s chart and
appropriate consultations and referrals must be in accordance with the
standard of care provided for in Section 40-37-310(E);
   (3) when prescribing analgesics, the prescription must be limited to
a seven-day supply;
   (4) when prescribing topical steroids, if after twenty-one days of
treatment it is necessary to continue this medication, the optometrist
shall communicate and collaborate with an ophthalmologist;
   (5) no medications may be given by injection or intravenously.

   Section 40-37-300. (A) An optometrist may not establish a
pharmacy in an optometry office or sell pharmaceutical agents
prescribed in treatment unless there is a licensed pharmacist on staff
and present when these prescriptions are filled. However, nothing in
this section or in any other provision of law prohibits a licensed
optometrist from administering or supplying pharmaceutical agents to a
patient, without charge for the pharmaceutical agents, to initiate
appropriate treatment.
   (B) Notwithstanding subsection (A) or any other provision of law,
an optometrist may purchase, possess, administer, sell, prescribe, or
dispense contact lenses, contact lens solutions, and topically applied
dyes.
   (C) For purposes of this chapter „supply‟ is limited to
pharmaceutical agents given to a patient by an optometrist for the
purpose of initiating treatment until the patient‟s prescription can be
filled by a registered pharmacist.

   Section 40-37-310. (A) In the diagnosis and treatment of ocular and
ocular adnexal eye disease, documentation in the patient‟s chart and
appropriate consultations and referrals must be in keeping with the
standards of care provided for in this section.
   (B) In the diagnosis or treatment of eye disease, an optometrist,
using judgment and that degree of skill, care, knowledge, and attention
ordinarily possessed and exercised by optometrists in good standing
under like circumstances, shall refer a patient to an appropriate medical
or osteopathic doctor including, but not limited to, corneal, glaucoma,
or retinal ophthalmological specialists when additional evaluation or
treatment is necessary. However, an optometrist may refer a patient to
another optometrist when additional evaluation or treatment is
necessary or to a medical or osteopathic doctor as provided for in this

                                   10
section, and an optometrist may refer a patient to another optometrist
for the purpose of fitting or dispensing eyeglasses, contact lenses, or
low vision aids. The South Carolina Board of Examiners in Optometry
shall promulgate regulations for the maintenance of records of referrals
by optometrists in accordance with this section.
   (C) Notwithstanding subsection (B), in treating and managing
glaucoma an optometrist must strive to achieve a stable range of
intraocular pressures considered unlikely to cause further optic nerve
damage in that patient. Once this range of pressures is selected based
on conditions presented by the patient, the optometrist must enter this
range in the patient‟s chart. If no measurable progress is achieved in
realizing the selected range of pressures within sixty days of initiating
treatment, the optometrist shall refer the patient to an ophthalmologist.
However, when treating acute angle closure glaucoma, an optometrist
immediately shall initiate treatment, after which, the optometrist shall
make an appropriate referral to an ophthalmologist.
   (D) An optometrist is prohibited from performing surgery. For
purposes of this section surgery includes, but is not limited to, an
invasive procedure using instruments that require closure by suturing,
clamping, or other similar devices or a procedure in which the presence
or assistance of a nurse anesthetist or an anesthesiologist is required.
An optometrist is also prohibited from performing laser surgery.
However, nothing in this section or any other provision of law may be
construed to prohibit an optometrist from removing superficial ocular
and ocular adnexal foreign bodies; removal of other foreign bodies
must be referred to an ophthalmologist.
   (E) An optometrist must be held to the same standard of care as
persons licensed under Title 40, Chapter 47, Physicians, Surgeons, and
Osteopaths and shall maintain a minimum of one million dollars in
malpractice insurance coverage.

   Section 40-37-320. (A) An optometrist shall post in a conspicuous
place the office hours that he or she will maintain. Office hours are
those hours in which a licensed optometrist is actually present on the
premises; however, this section does not prevent the office from being
open for the purpose of accepting appointments or payments or
performing other duties that by law do not require the presence of a
licensed optometrist. Advertisements or any other public announcement
of office hours must specify those hours in which a licensed optometrist
is present on the premises.
   (B) Mobile units may be used; however, the optometrist shall obtain
a registration for the mobile unit from the board. A mobile unit must


                                   11
be limited to visiting and providing services to licensed health care
facilities within this State.
  (C) Notwithstanding the provisions of subsection (A), the board
may promulgate regulations regarding optometrists‟ offices so as to
provide for:
      (1) adequate and appropriate office facilities for the practice of
optometry;
      (2) the proper handling of patient records; and
      (3) appropriate sanitation for office facilities.

  Section 40-37-325. Nothing in this chapter may be construed to limit
the number or to prescribe or restrict the location of offices an
individual optometrist or group of optometrists may operate. Every
optometrist must display a separate certificate of licensure certified by
the board in each location in which the optometrist practices. Duplicate
certificates of licensure may be obtained from the board by filing an
application on a form prescribed by the board and paying the prescribed
fees.

   Section 40-37-330. (A) Whenever it is required by law that a visual
test of the eye must be made or optometric care of the eye is required of
a person by a school or college or a state or county agency, the test or
care may be given by an optometrist licensed in this State. When a
person is required to furnish evidence of visual efficiency, a report of a
licensed optometrist is sufficient evidence to comply with the
requirement.
   (B) All agencies of the State and its subdivisions and all
commissions, clinics, and boards administering relief, public assistance,
public welfare assistance, social security, or health services under the
laws of this State shall accept the services of licensed optometrists for
all services that they are licensed to perform relating to a person
receiving benefits from such an agency or subdivision of the State.
These agencies or agents, officials, or employees of these agencies,
including the public schools, may counsel with and advise the persons
needing eye care as to the type of service needed and as to those
qualified to render the service; however no attempt may be made to
guide an individual seeking vision or eye care to either an optometrist
or a physician licensed under Title 40, Chapter 47, Physicians,
Surgeons, and Osteopaths. The patient must be given free choice in
selecting a specialist to serve the patient‟s vision or eye-care needs in
examinations, vision screening, or other vision related services.
However, an exception must be made in emergency cases of obvious
eye injury or disease where delay in obtaining the services of a

                                   12
physician licensed under Title 40, Chapter 47, Physicians, Surgeons,
and Osteopaths might endanger the patient‟s visual health.
Additionally, in recognized instances of disease or anomalies disclosed
in the original physical evaluation by an agency, these cases may be
referred directly to specialists, ophthalmologists, or optometrists as
considered appropriate by the evaluating agency.
   (C) There may be no differential in the fee schedule for payment of
vision or eye-care services, whether performed by an optometrist or a
physician licensed under Title 40, Chapter 47, Physicians, Surgeons,
and Osteopaths, that is, for like services common to both professions.
   (D) No funds appropriated for vision or eye care may be used by an
agency that practices discrimination between a licensed optometrist or a
physician licensed under Title 40, Chapter 47, Physicians, Surgeons,
and Osteopaths.
   (E) Nothing in this section may prevent a nurse, school teacher, or
welfare worker employed in public service from ascertaining the
probable need of visual services, if the person does not attempt to
diagnose, prescribe, or recommend a particular practitioner or system
of practice.

   Section 40-37-350. (A) This chapter does not apply to:
     (1) a bona fide student of optometry, medicine, or osteopathy in
the clinic rooms or an approved program of an accredited school of
optometry, medicine, or osteopathy;
     (2) a commissioned officer in the armed services who is engaged
in the practice of optometry in this State as long as the practice is in the
performance of the officer‟s military duties; or
     (3) an individual licensed in another jurisdiction who is in this
State to make a clinical demonstration before a professional society or
association, convention, school or college, or agency of the
government.
   (B) Nothing in this chapter may be construed to apply to:
     (1) a physician licensed under Title 40, Chapter 47, Physicians,
Surgeons, and Osteopaths, in the due course of professional practice; or
     (2) persons who sell as merchandise from an established place of
business, ready-made eyeglasses or spectacles if the person does not aid
the purchaser in the fitting of the eyeglasses or spectacles; or
     (3) persons representing supply companies in the act of selling
supplies or equipment to licensed eye care providers.
   (C) Nothing in this chapter precludes a licensed optician from
practicing opticianry as defined by the laws of this State.



                                    13
  Section 40-37-360. Nothing contained in this chapter or any other
provision of law may be construed to restrict or set the price that may
be charged for eyeglasses.

   Section 40-37-370. Nothing in this chapter or any other provision of
law may be construed to prevent an optometrist licensed under this
chapter from maintaining and operating a laboratory required for
private professional practice.

   Section 40-37-390. (A) It is unlawful for a person, partnership, or
corporation that provides optometric services to disseminate, directly or
indirectly, or cause to be disseminated any untruthful, deceptive
advertisement or representation concerning eye examinations,
ophthalmic goods, ophthalmic services, or the practice of optometry. It
is also unlawful for a person, partnership, or corporation to disseminate,
directly or indirectly, or cause to be disseminated any untruthful,
impossible, improbable, misleading, or deceptive advertisement or
representation concerning the terms, guarantee, or warranty that relates
to the procurement of ophthalmic goods or services.
   (B) It is unlawful for a person, partnership, or corporation that
provides optometric services to offer or give eye examinations as a
premium or bonus with the purchase of merchandise or in any other
manner to induce trade without offering the following information:
      (1) if the offered examination fee is represented as being a
reduced price, sale price, or discounted price, the offer must disclose
whether the reduced price, sale price, or discounted price is from the
offeror‟s regular selling price or must disclose any other price and its
source if it serves as the standard from which the offeror represents the
offered price as being a reduced price, sale price, or discounted price;
      (2) if ophthalmic materials are offered in conjunction with a
reduced examination fee, the offer must include complete price
information regarding all ophthalmic materials;
      (3) the date the offer terminates.
   (C) It is unlawful for a person, partnership, or corporation to
disseminate price information concerning ophthalmic goods and
services without including whether an advertised price for:
      (1) eyeglasses includes single vision or multi-focal lenses;
      (2) contact lenses refers to hard or soft contact lenses;
      (3) ophthalmic materials includes all dispensing fees;
      (4) ophthalmic materials includes an eye examination;
      (5) eyeglasses includes both frame and lenses; and
      (6) ophthalmic materials carries restrictions on selection.


                                   14
  (D) Nothing in this chapter prevents a person from making truthful,
nondeceptive claims of qualifications and professional affiliations.

  Section 40-37-400. No member of the board, its committees, special
examiners, agents, and employees may be held liable for acts
performed in the course of official duties except where actual malice is
shown.

  Section 40-37-410. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of this chapter that can
be given effect without the invalid provision or application, and to this
end the provisions of this chapter are severable.

   Section 40-37-420. (A) An optometrist licensed for basic practice of
optometry as of July 1, 2004, may continue to practice under the
conditions provided for in this section, and regulations promulgated
under this chapter, as of July 1, 2004, until September 30, 2007. A
basic certified optometrist may:
      (1) employ any means, other than the use of drugs, for the
measurement of the powers of vision or the adaptation of lenses for the
aid of vision;
      (2) in the sale of spectacles, eyeglasses, or lenses, use lenses in
the testing of the eye other than lenses actually sold;
      (3) examine the human eye by the employment of any subjective
or objective physical means, without the use of drugs, to ascertain the
presence of defects or abnormal conditions for the purpose of relieving
them by the use of lenses, prisms, or other physical or mechanical
means;
      (4) practice orthoptics or prescribe or fit contact lenses.
   (B)(1) An optometrist licensed for diagnostic practice of optometry
as of July 1, 2004, may continue to practice under the conditions
provided for in this section, and regulations promulgated under this
chapter, as of July 1, 2004, until September 30, 2007, if the optometrist
has:
        (a) complied with the educational requirements promulgated
by the board; and
        (b) passed a pharmaceutical agent examination which must be
approved by the board.
      (2) Notwithstanding any other provision of law, a diagnostically
certified optometrist may purchase, possess, and administer
pharmaceutical agents, including pharmaceutical agents for topical
application, other than controlled substances, as defined in Section

                                   15
44-53-110, for diagnostic purposes in the practice of optometry. For the
purposes of this subsection, „pharmaceutical agent‟ means: anesthetics,
mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs.
Miotics may be used only pursuant to the following restrictions:
         (a) miotics may not be used for treatment purposes;
         (b) miotics may be used only for emergency purposes
involving the buildup of pressure within the eyeball and immediately
upon this emergency use, the optometrist shall refer the patient to an
ophthalmologist and file with the South Carolina Board of Examiners
in Optometry a written report of the incident in the manner prescribed
by the board by regulation; and the South Carolina Board of Examiners
in Optometry shall ensure that the quality and quantity of miotics
possessed by a diagnostically certified optometrist is consistent with
the use of miotics only for emergency purposes involving the buildup
of pressure within the eyeball.
   (C) After September 30, 2007, no person may practice as an
optometrist in this State if the person has not met all requirements of
this title, as amended in 2004 and as may be amended in the future. A
basic and diagnostically licensed optometrist who wishes to be
recertified after September 30, 2007, shall conform to the licensing
requirements for a therapeutically-certified optometrist as provided for
in regulation.
   (D) A licensee under this chapter must indicate his or her category
of licensure following his or her name or signature on all professional
documents.”

Practice of hair braiding

SECTION 2. Chapter 13, Title 40 of the 1976 Code is amended by
adding:

   “Section 40-13-255. (A) Only those individuals who are licensed
to practice cosmetology or who are registered to practice hair braiding
in this State may engage in the practice of hair braiding or perform hair
braiding services in this State.
   (B) Unless hair braiding is performed in a licensed cosmetology
school, beauty salon, or a licensed barbershop, all implements used in
connection with the hair braiding must be disposable or must be
sanitized in a disinfectant approved for hospital use or approved by the
Environmental Protection Agency.
   (C) To practice hair braiding in this State, an individual shall:
     (1) apply to the department for registration in a manner
prescribed by the department;

                                   16
      (2) provide satisfactory proof of successful completion of a sixty
hour department approved hair braiding course;
      (3) pass an examination administered by the department; and
      (4) pay a twenty-five dollar registration fee.
   (D) The hair braiding instruction course shall consist of:
      (1) twenty hours of instruction regarding sanitation and
sterilization including:
        (a) universal sanitation and sterilization precautions;
        (b) how to distinguish between disinfectants and antiseptics;
        (c) how to sanitize hands and disinfect tools used in the
practice of hair braiding;
      (2) thirty-five hours of instruction regarding disorders and
diseases of the scalp, including:
        (a) disorders and diseases of the scalp and how to distinguish
between them;
        (b) when hair braiding services can be performed on a client
with disorders or diseases of the scalp;
      (3) five hours of instruction regarding state law and regulations
which pertain to the practice of hair braiding, including:
        (a) the state laws and regulations promulgated by the board
that:
           ( i) protect the health, safety, and welfare of the consumer;
           ( ii) determine where and when an individual may legally
practice hair braiding;
           (iii) specify prohibited conduct and the penalties for such
conduct and for failure to follow state law and regulations;
        (b) the composition of the Board of Cosmetology, how its
members are appointed and their powers and duties;
        (c) the organizational structure of the Department of Labor,
Licensing and Regulation and its responsibilities as they relate to hair
braiding; and
        (d) the procedures, fees, and requirements for renewal of a hair
braiding registration.
   (E) Registration to practice hair braiding is valid for two years or
until the end of the biennial licensure renewal cycle in which the
registration is first issued, whichever occurs first. The holder of a
registration to practice hair braiding shall renew his or her registration
by paying the renewal fee and furnishing proof to the department that
he or she has completed eight hours of continuing education approved
and administered by the department.
   (F) An individual currently engaging in the practice of hair braiding
on the effective date of this section has one year from the effective date
to complete the licensing requirements as provided in this section.”

                                   17
Definition

SECTION 3. Section 40-13-20 of the 1976 Code, as last amended by
Act 222 of 2000, is further amended by adding:

  “(11) „Hair braiding‟ means the weaving or interweaving of natural
human hair for compensation without cutting, coloring, permanent
waving, relaxing, removing, or chemical treatment and does not include
the use of hair extensions or wefts.”

Registered Cardiovascular Invasive Specialist Act

SECTION 4. A.The General Assembly recognizes that the practice of
cardiovascular invasive specialists is potentially harmful to the public
in that the public does not have an adequate method to verify the
qualifications of those persons who hold themselves out as qualified to
practice.

B. Chapter 47, Title 40 of the 1976 Code is amended by adding:

                               “Article 10

             Registered Cardiovascular Invasive Specialists

  Section 40-47-1510. This article may be cited as the „South
Carolina Registered Cardiovascular Invasive Specialist Act‟.

   Section 40-47-1520. As used in this article:
   (1) „Cardiologist‟ means a physician who has successfully
completed an approved cardiology training program including, but not
limited to, a program approved by the Accreditation Committee on
Graduate Medical Education, or its equivalent or successor.
   (2) „Cardiovascular Invasive Specialist‟ means a cardiovascular
invasive specialist who is currently registered by Cardiovascular
Credentialing International, has graduated from an accredited program
of Cardiovascular Invasive Technology, and who working under the
direct supervision of a cardiologist performs procedures on patients
resulting in accurate diagnosis and/or optimal treatment of congenital
or acquired heart disease.
   (3) „Supervising cardiologist‟ means a South Carolina licensed
physician currently possessing an active, unrestricted license to practice
medicine in South Carolina who practices in the medical specialty of

                                   18
cardiology and has successfully completed a residency in cardiology,
approved by the Accreditation Committee on Graduate Medical
Education, or its equivalent or successor.
   (4) „Supervision‟ means medically directing and accepting
responsibility for the cardiac services rendered by a registered
cardiovascular invasive specialist in a manner provided for in law and
the adopted protocol of the licensed facility. The supervising
cardiologist must be in the facility and in the operative area such that he
can be immediately available to participate directly in the care of the
patient with whom the invasive cardiovascular specialist and the
cardiologist are jointly involved.

   Section 40-47-1530. A person may not wilfully practice or offer to
practice as a cardiovascular invasive specialist unless that person is
registered by the department.         A person who uses the title
cardiovascular specialist in any advertisement, business card or
letterhead, or billing document or who makes another verbal or written
communication indicating that the person is a cardiovascular specialist
or who acquiesces in that representation violates this section.

  Section 40-47-1540. To be registered by the department as a
cardiovascular invasive specialist, a person must:
  (1) apply in writing to the department on a form available from the
department;
  (2) successfully complete an approved cardiology training program
including, but not limited to, a program approved by the Accreditation
Committee of Graduate Medical Education, or its equivalent or
successor approved by the South Carolina Board of Medical
Examiners;
  (3) provide satisfactory evidence of current registration with
Cardiovascular Credentialing International;
  (4) provide satisfactory evidence that the applicant‟s practice
protocol is in place, signed by each supervising cardiologist and by an
appropriate representative of each licensed facility where practice is
anticipated;
  (5) pay a fee established by the department.

  Section 40-47-1550. (A) Registration by the department as a
cardiovascular invasive specialist must be renewed every two years.
To renew a registration, a person shall:
     (1) submit a complete application in writing;



                                    19
      (2) demonstrate continued competency including current
registration with Cardiovascular Credentialing International and other
requirements as provided by this article or regulation;
      (3) pay a fee established by the department.
   (B) A registration by the department as a cardiovascular invasive
specialist automatically lapses if the registered person fails to make a
timely and complete application for renewal or if the registered person
fails to maintain current registration with Cardiovascular Credentialing
International or another organization approved by the board.

   Section 40-47-1560. (A) Cardiovascular invasive specialists may
perform medical tasks and services within the framework of a facility‟s
written practice protocol developed for the cardiovascular invasive
specialist. Within this practice protocol the registered cardiovascular
invasive specialist, under the supervision of a cardiologist, may engage
in             these           functions             and           duties:
     (1) perform baseline patient assessment;
     (2) evaluate patient response to diagnostic or interventional
maneuvers and medications during cardiac catheterization laboratory
procedures;
     (3) provide patient care and drug administration commonly used
in the cardiac catheterization laboratory under the direction of a
qualified physician and subject to the oversight of the facility;
     (4) act as the first assistant during diagnostic and therapeutic
catheterization procedures; and
     (5) assist in advanced cardiac life support procedures.
   (B) A cardiovascular invasive specialist shall practice only under
the supervision of a physician who is actively and directly engaged in
the clinical practice of medicine as a cardiologist.
   (C) A cardiovascular invasive specialist practicing at all sites shall
practice pursuant to written scope of the facility‟s practice protocols
signed by all supervising cardiologists and the cardiovascular invasive
specialists. Copies of the protocols must be on file at all practice sites.
The protocols shall include at a minimum the:
     (1) name, license number, and practice addresses of the
supervising cardiologists;
     (2) name and practice address of the cardiovascular invasive
specialists;
     (3) date the protocol was developed and dates it was reviewed or
amended;
     (4) situations that require direct evaluation by or immediate
referral to a cardiologist.


                                    20
   Section 40-47-1570. The department is responsible for all
administrative activities of the registration program. The department
shall employ and supervise personnel necessary to effectuate the
provision of this article and shall establish fees sufficient, but not
excessive, to cover expenses including direct and indirect costs to the
State for the operations of this registration program. Fees must be
adjusted as required by Title 40, Chapter 1.
   (B) The department shall maintain a registry of all applications for
registration and of all persons holding registration and shall make the
roster of registered cardiovascular invasive specialists available on the
department web site.
   (C) The Board of Medical Examiners may promulgate regulations
as necessary to effectuate this chapter.

   Section 40-47-1580. If the department has reason to believe that a
person registered pursuant to this article has become unfit to practice as
a registered cardiovascular invasive specialist or if a complaint is filed
with the department charging the registered person with the violation of
a provision of this article or if a complaint is filed with the department
alleging that an unregistered person is fraudulently holding him or
herself out as registered, the department shall institute an investigation
in accordance with the procedures of Chapter 40, Title 1 and this
article.

   Section 40-47-1590. (A) If, after investigation, it appears that the
person registered pursuant to this article has become unfit to practice or
has violated this article, the department shall file a petition with the
Administrative Law Judge Division, stating the facts and the particular
statutes and regulations at issue.
   (B) The Administrative Law Judge Division, after opportunity for
hearing, may order that the registration be revoked, suspended, or
otherwise disciplined in accordance with Section 40-1-120 on the
grounds that the registrant:
      (1) used a false, fraudulent, or forged statement or document or
committed a fraudulent, deceitful, or dishonest act or omitted a material
fact in obtaining registration pursuant to this article;
      (2) has had an authorization to practice a regulated profession or
occupation in another state or jurisdiction canceled, revoked, or
suspended, or has otherwise been disciplined by another jurisdiction;
      (3) has lost or let lapse an underlying credential that served as the
basis of registration;



                                    21
     (4) has intentionally used a false or fraudulent statement in a
document connected with the practice of a registered cardiovascular
invasive specialist;
     (5) has obtained fees or assisted in obtaining fees under
fraudulent circumstances; or
     (6) has sustained a physical or mental disability or uses alcohol
or drugs to such a degree as to render further practice as a registered
cardiovascular invasive specialist dangerous to the public.

  Section 40-47-1600. (A) A cardiovascular invasive specialist may
not:
     (1) perform a task which has not been listed and approved on the
scope of the practice protocol currently on file with the facility;
     (2) prescribe drugs, medications, or devices of any kind.
  (B) A cardiovascular invasive specialist must clearly identify
himself or herself to ensure that the cardiovascular invasive specialist is
not mistaken or misrepresented as a physician. A cardiovascular
invasive specialist must wear a clearly legible identification badge or
other adornment at least one inch by three inches in size bearing the
cardiovascular invasive specialist‟s name and the words „Registered
Cardiovascular Invasive Specialist‟. Patients in facilities utilizing
cardiovascular invasive specialists must be informed when a
cardiovascular invasive specialist will be involved in their cardiac care.

   Section 40-47-1610. (A) The Administrative Law Judge Division,
after opportunity for hearing, may order injunctive relief against a
person who, without possessing a valid certificate pursuant to this
article, uses the title or term registered cardiovascular invasive
specialist. For each violation the administrative law judge may impose
a fine of no more than ten thousand dollars.
   (B) A person who is not registered as required by this article may
not bring an action either at law or in equity to enforce the provisions
of a contract for providing services as a registered cardiovascular
invasive specialist.

  Section 40-47-1620. The Department of Labor, Licensing and
Regulation shall promulgate regulations necessary to insure
implementation or the provisions of this article.”

Time effective

SECTION 5. This act takes effect July 1, 2004.


                                    22
Ratified the 3rd day of June, 2004.



                __________________________________________
                             President of the Senate



                ___________________________________________
                   Speaker of the House of Representatives


Approved the ____________ day of _____________________2004.




                ___________________________________________
                                    Governor

                               ----XX----




                                      23

				
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